DR M’MEMBE’S CASE FAILS TO TAKE OFF IN HIGH COURT
…..as key state witness fails to show up, travels to Kawambwa
Lusaka… Friday March 14, 2025
The case involving Socialist Party (SP) President Dr Fred M’membe, in which he is charged with the discharge of firearm could not take off today before the Lusaka High Court as the State witness did not show up.
The matter has since been adjourned to next week Friday for possible continuation of trial after the State applied for an adjournment as their key witness is said to have traveled to Kawambwa.
When the matter came up this morning for continuation of trial before Lady Justice Ruth Hachitapika Chibbabuka, the arresting officer, Zambia Police Assistant Superintendent Samuel Kangwa informed the court that the witness (Anthony Kaineti) had travelled to Kawambwa for a family program.
“I did communicate to the witness, Anthony Kaineti, yesterday and he indicated that he had travelled to Kawambwa to attend to a family issue and on his way back, he had a breakdown. But he indicated to me that his Vehicle would be worked on and that he would be available this morning,” said Mr Kangwa.
“However, when I tried to call him this morning, I couldn’t get through and I kept trying to call him but his line is off.”
In this matter, the SP President is charged with unlawful discharge of a firearm and assault occasioning actual bodily harm (OABH) during the Muchinda Ward council by-election campaign in the Kamalamba area of Serenje District in 2023.
In the first count, allegations are that the opposition leader, on April 8, 2023 in Serenje District, with intent to maim, disfigure or cause grievous harm, wounded Emmanuel Simposya without any lawful justification.
In the second count where he is jointly charged with his Bodyguard Daniel Mumba, Dr M’membe is alleged to have assaulted the ‘victim’ in question on the material day.
Meanwhile, Dr. M’membe has told journalists that it is mischief for President Hakainde Hichilema to try and amend the Republican Constitution just to remain in office.
Dr M’membe said Mr Hichilema wants to change the Constitution so as to increase the number of constituencies in the UPND strongholds.
“The reasons Mr Hakainde is giving for the urgency on proportional representation to cater for women and the youths are not valid. That is well catered for under the current constitution in Article 259 (1) which requires to consider a 50-50 in appointments of young people, women and the people with disabilities. He has not been doing that,” said Dr. M’membe.
The SP leader maintained that President Hichilema wants to remove the 50%+1 and running mate clauses from the Constitution so as to remain in office beyond the 2026 general elections.